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[Date]
BETTER BUSINESS BUREAU (BBB)
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RE: DEMAND LETTER: BBB Complaint Case# XXXX
Respectfully,
I am writing about the negative rating you put on my account following a scrupulous and malicious complaint against my company. The fraudulent complainant who brought a case against my Company to you has no basis for his complaint and is out to swindle and terrorize my company.
It follows, this letter notifies you of your mistake in relying solely on the said complainant’s case without considering our side of the story, which is the utter truth. Thereby, we demand that you make good your blameworthy actions as discussed below.
I
FACTUAL BACKGROUND
Mr Ricardo Reis (hereinafter “Client”), the scrupulous complainant in the Referenced case was our client. There was a minor issue with the shower cartridge we sold him, and we duly shipped a replacement part, which he received on or about March XXXX is the Tracking Number for the Shipment. The link for the shipment is:
After he received the said shipment of the replacement part, the client placed two other orders, one on April XXX, and another on April XXX.
The client attempted to blackmail us that if we did not give him $300 worth of product for free via email, he would report us to you. However, it is worth noting that the said client never made any purchase from us (of the said product) and has no receipt of the $300- 8 feet U Channel rose gold. Besides, we never promised to give him anything for free.
After the client made a complaint to you, you proceeded to rate my company very negatively. Here is the link for your rating of my company.
II
LEGAL ARGUMENT(S)
Unfairness: Violation of Due Process Rights.
Abuse of process is a common law principle invoked principally to stay proceedings where to allow them to continue would be oppressive[1]. The Supreme Court of Canada discussed the doctrine of abuse of process where it stated, inter alia, that for there to be an abuse of process, the proceedings must be unfair to the point that they are contrary to the interests of justice.[2]
Section 2(e) of the Canadian Bill of Rights states in pertinent part that,
“1. It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,
(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law (Emphasis added)
You violated our due process rights by giving us a negative rating without hearing our side of the story. Your actions are unfair and are contrary to the interests of justice. Accordingly, you are liable for violation of our due process rights.
Violation of the Right of Fair Hearing.
The most important factors in determining the procedural content of fundamental justice in a given case are the nature of the legal rights at issue and the severity of the consequences to the individuals concerned. In Inuit Tapirisat of Canada and National Anti-Poverty Organization v. Attorney General of Canada, [1980] 2 SCR 493, Estey, J., quoted Lord Denning in Selvarajan v. Race Relations Board, [1976] 1 All E.R. 12, at p. 19, and stated:
” The fundamental rule is that, if a person may be subjected to pains or penalties or be exposed to prosecution or proceedings or deprived of remedies or redress, or in some such way adversely affected by the investigation and report, then he should be told the case made against him and be afforded a fair opportunity of answering it.” (Emphasis added).
You proceeded to give us a negative rating without giving us an opportunity to present our case. Your actions have subjected my company to losses since no client would like to deal with a poorly rated business. Accordingly, you are liable for violation of our fundamental right to fair hearing.
III
DEMAND
For your actions and/or inactions as alleged herein, I seek redress by demanding you remove the negative rating you put against my company.
If you do not comply with this request, I will be forced to pursue legal action, which would be detrimental to you.
Thank you for your prompt attention to this matter.
Sincerely,
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